HB1477: HB1477 Special Education Advocate Registration Act; enact

26 LC 61 0437 House Bill 1477 By: Representatives Santos of the 117th, Tran of the 80th, Reese of the 140th, and Bell of the 75th A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 20 of the Official Cod e of Georgia Annotated,1 relating to State Board of Education, so as to provide a regist ration process for special2 education advocates; to provide for qualifications for such reg istration; to provide for the3 adoption of a code of ethics for special education advocates; to provide for the Department4 of Education to maintain a list of registered special education advocates; to require notice to5 parents and guardians of children with disabilities of such lis t; to provide definitions; to6 provide for related matters; to provide a short title; to repeal conflicting laws; and for other7 purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 This Act shall be known and may be cited as the "Special Education Advocate Registration11 Act."12 SECTION 2.13 Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to State14 Board of Education, is amended by adding a new Code section to read as follows:15 H. B. 1477 - 1 - 26 LC 61 0437 "20-2-21.16 (a) As used in this Code section, the term:17 (1) 'Criminal background check' means a search of the criminal records maintained by18 the Georgia Crime Information Center and the Federal Bureau of Investigation to19 determine whether an individual has a criminal record.20 (2) 'Criminal record' means any of the following:21 (A) A conviction of a crime;22 (B) An arrest, charge, and sentencing for a crime when:23 (i) A plea of nolo contendere was entered to the charge;24 (ii) First offender treatment without adjudication of guilt pursuant to the charge was25 granted; or26 (iii) Adjudication or sentence was otherwise withheld or not entered on the charge;27 or28 (C) An arrest and charge for a crime if the charge is pending, unless the time for29 prosecuting such crime has expired pursuant to Chapter 3 of Title 17.30 (3) 'Department' means the Department of Education.31 (4) 'Individuals with Disabilities Education Act' or 'IDEA' means the federal Individuals32 with Disabilities Education Act.33 (5) 'Special education advocate' means an individual who is not licensed to practice law34 in this state who represents or consults with individuals with disabilities and their parents35 in administrative proceedings conducted pursuant to IDEA in this state and who receives36 payment for such representation or consultation. Such term does not include a parent or37 guardian advocating on behalf of his or her own child.38 (6) 'State board' means the State Board of Education.39 (b) Each special education advocate shall register with the department. A person seeking40 to register as a special education advocate shall submit an application and pay a registration41 fee to the department. The department shall issue a registrati on to a special education42 H. B. 1477 - 2 - 26 LC 61 0437 advocate who meets the qualifications for such registration and who submits a completed43 application form and registration fee. Such registration shall be valid for a period of one44 year and may be renewed for additional one-year periods. The state board shall develop45 an application form and set the registration fee and renewal fee in amounts that reflect the46 expenses incurred by the department as a result of processing a pplications and renewals47 pursuant to this subsection.48 (c) In order to qualify for a registration or renewal provided for in subsection (b) of this49 Code section, a special education advocate shall:50 (1) Submit to a criminal background check and not have a criminal record;51 (2) Demonstrate competency, education, and experience in special education advocacy;52 (3) Complete additional training on special education advocacy each year; and53 (4) Comply with the code of ethics adopted by the state board pursuant to this Code54 section.55 (d)(1) The state board shall adopt a code of ethics for special education advocates, and56 such code shall:57 (A) Represent standards of conduct which are generally accepted by special education58 advocates of this state;59 (B) Be limited to professional ethics; and60 (C) Include provisions related to ethical billing practices.61 (2) In adopting such code of ethics, the state board shall see k the advice of special62 education advocates and other relevant groups of this state.63 (e) The department shall maintain a current list of all regist ered special education64 advocates on its website. Each local school system and public school shall inform the65 parents or guardians of a child with a disability of how to access such list at the same time66 and in the same manner as the procedural safeguards notice provided pursuant to IDEA.67 (f) Nothing in this Code section shall be construed to regulat e the practice of law or to68 authorize any person not admitted to practice law to engage in the practice of law."69 H. B. 1477 - 3 - 26 LC 61 0437 SECTION 3.70 All laws and parts of laws in conflict with this Act are repealed.71 H. B. 1477 - 4 -